Dicamba Soybean Grower Settlement

Plaintiffs claim that herbicides containing the chemical dicamba caused damage to crops of certain Soybean Producers. This Settlement is designed to resolve claims of Soybean Producers against certain agricultural companies for alleged harm to soybeans from contact with dicamba between 2015 and 2020. If you were a Soybean Producer for commercial purposes and grew soybean crops that showed symptoms of dicamba exposure, you may be eligible for benefits from this Settlement.

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You may be entitled to benefits under the proposed Settlement if during the 2015 through 2020 crop seasons you were a Producer of soybeans for commercial purposes, that showed symptoms of dicamba exposure during one or more of those years, and attest that, to the best of your knowledge, the symptoms were due to dicamba applications by third parties to dicamba tolerant soybeans and/or cotton. Under the proposed Settlement, the Claim Fund will be capped under the Settlement Agreement.

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All parties believe that their respective interests are best served by entering into this Settlement, particularly given the risks inherent in complex litigation and the time it would take to bring the litigation to a conclusion.

In the interests of efficiency and avoiding substantial litigation costs, the parties decided to resolve the case through settlement. In this way, the parties avoid the costs and risks of litigation and trial.

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If the Claims Administrator determines that you are eligible to participate in this Settlement, you should understand that:

1. Enrollment in the Process is irrevocable and subjects you to the authority of the persons specified in the Agreement to oversee the Process, including, but not limited to, the Appeals Master and the Claims Administrator;
2. You are releasing claims against the entities and individuals identified in the Release and Incorporation of Settlement, which may not be revoked, rescinded or returned other than as explained in the Agreement;
3. Enrollment may terminate any lawsuits that you have brought or could have brought related to the subject matter of the Agreement, and no Claim may be advanced other than as permitted under the Agreement; and
4. This Settlement process is your sole and exclusive remedy for Claims, and you will be bound by its results.

If you have questions about your rights, please review the Settlement Agreement, or contact the Claims Administrator at 1-855-914-4672 (Toll-free).

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Each payment is based on a formula that takes into account the planted soybean acres at issue on which you are eligible to recover, your ownership interest, and the USDA/NASS average price of soybeans in your state. See the Settlement Agreement for additional detail.

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To participate in the Settlement, a Claims Package, including the Claim Form and documentation (see FAQ 7), must have been submitted electronically or postmarked no later than May 28, 2021.

Submitting a Claim Package does not, on its own, establish a right to receive a Settlement Payment. Rather, Settlement Payments will be determined in accord with the terms of the Agreement. Claim Forms that are substantially illegible, not properly signed, or otherwise incomplete will be rejected.

Claimants will be given an opportunity to cure incomplete Claims (for example, not all required documentation is included in Claimant’s submission, or not all required fields of the Claim Form are completed), however Claims that are rejected will be removed from the Process and rendered ineligible for any Settlement Payment, subject to Appeal.

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Documentation must be provided to support your claim. Please review the table below to understand the types of documentation required and what documentation is situational to successfully prove your claims.

Please note that other documents may be required. If required documents are not submitted, the Claims Administrator will notify you.

Documentation should be clear and legible copies, as nothing will be returned to you.

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Administrative Agency Report means any report and its related exhibits regarding any complaint filed with, or investigation conducted by, a state or local administrative agency regarding alleged synthetic auxin herbicide symptomology relating to (i) the soybeans of the Claimant, any Person who owns an interest in Claimant, any Person in whom Claimant owns an interest, or any Affiliated Claimant on whose behalf Claimant is filing, or (ii) herbicide sprayed by the Claimant, any Person who owns in interest in Claimant, or any Person in whom Claimant owns an interest, in either case in the 2015-2020 growing seasons.

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First you must provide Actual Yields ("A-Yields") as reported in the Claimants crop insurance records where A-Yields exist. If A-Yields do not exist, you may provide calibrated yield monitor data. If neither A-Yields nor calibrated yield monitor data exist, then you may provide other records made in the year in question with similar indicia of reliability. Calibrated yield monitor data may be provided in lieu of A-Yields if the Claimant can show that A-Yields are not the most reliable measure of their yields. You can, but are not required to, submit yield data if RMA records exist for that field.

If providing calibrated yield monitor records, you must provide and certify (as to each yield monitor, Field and/or year at issue, as applicable) certain information depending on why you wish to rely on calibrated yield monitor data and how your yield monitors are calibrated as set forth below.

If you wish to use calibrated yield monitor data in lieu of existing A-Yields because your A-Yields are not the most reliable measure of yields and your yield monitors were not professionally calibrated, you must provide the following information:

1. The Affected Field(s) and Damage Year(s) you are seeking to rely on yield monitor data rather than A-Yields;
2. The manufacturer and brand of the combine (if the yield monitor is included as a feature of the combine) and/or yield monitor(s) used, and the model number or sufficient information to establish the model number to the extent available;
3. The approximate date(s) of purchase of the yield monitor(s) used;
4. The approximate date(s) of harvest;
5. The approximate date(s) the mass flow sensor was last calibrated before harvest;
6. The name(s) of the individual(s) who physically performed the last mass flow sensor calibration before harvest;
7. The approximate date(s) the moisture sensor was last calibrated before harvest;
8. The name(s) of the individual(s) who physically performed the last moisture sensor calibration before harvest;
9. A copy of the yield monitor operation manual(s) if available;
10. An attestation that the manual instructions for calibration were followed;
11. An attestation that any lag time settings and header position settings were properly and reasonably set, and the header cut width was properly programmed;
12. An attestation that the yield monitor had received any available software or firmware updates that were necessary for proper yield measurement; and
13. An explanation as to why the Claimant believes that yield monitor data should be used in lieu of A-Yields.

If the yield monitor was used on all Fields for which you are seeking to use calibrated yield monitor data, you need not include the information requested in items (k) or (l) above.

If you wish to use calibrated yield monitor data in lieu of existing A-Yields because your A-Yields are not the most reliable measure of yields and the yield monitor was professionally calibrated in the twelve months prior to the harvest of the Field(s) at issue, then as an alternative to the certification above, you may submit: (i) the Affected Field(s) and Damage Year(s) for which you are to rely on yield monitor data rather than A-Yields; (ii) the approximate date(s) of harvest; and (iii) records reflecting the last professional calibration before harvest.

If no A-Yields are available for an Affected Field for a given Damage Year, you must provide: (i) the manufacturer and brand of the combine (if the yield monitor is included as a feature of the combine) and/or yield monitor(s) used, and the model number or sufficient information to establish the model number to the extent available; (ii) the approximate date(s) of harvest; and (iii) an attestation that the manual instructions for calibration were followed or records reflecting the last professional calibration before harvest.

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Field Yield loss will be calculated in bushels per acre for each Eligible Field, as determined in accordance with either the Yield Comparison Methodology or the Enhanced Review Process.

For each Eligible Field subject to the Yield Comparison Methodology, the Claims Administrator must calculate a Field Yield Loss by subtracting the Eligible Field’s Affected Field Damage Year Yield from the Predicted Yield Per Acre for the Damage Year at issue. The result is the Field Yield Loss for the Eligible Field, expressed in bushels per acre. For avoidance of doubt, the Field Yield Loss determined in accordance with the Yield Comparison Methodology may be a negative number. If for any Affected Field subject to the Benchmark Field Methodology or County Average Methodology predicts that the Affected Field’s Field Yield Loss is a negative number, then the Claims Administrator will set the Field Yield Loss to zero.

For more information please see the Settlement Agreement and Exhibit I.

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For each Affected Field and Damage Year (e.g., AF1), you must choose a Benchmark Field to the extent any such Fields are eligible as Benchmark Fields.

A Field is eligible as a Benchmark Field for an Affected Field and Damage Year if: (i) you have an Interest in the Field; (ii) it is not an Affected Field in the same year; (iii) it is within the same Farm Number as the Affected Field or, if there are no Fields otherwise meeting this Benchmark Field criteria within the same Farm Number as the Affected Field, then is within the same township and range as the Affected Field; (iv) it is not less than twenty-five (25) planted acres; and (v) was planted to soybeans in the Damage Year and at least three (3) Non-Damage Years for the Affected Field to which it is being compared (the “Minimum Benchmark Criteria”).

Benchmark Fields should be selected from the following groups in order of priority:

• First, from within the same FSA Farm Number and Tract Number as the Affected Field.
• If no such Fields meeting the Minimum Benchmark Criteria are available, then, second, from within the same Farm Number as the Affected Field.
• If no such Fields are available, then, third, from within the same township and range as the Affected Field, as specified by the United States Public Land Survey System, or for Fields located in a region not included in the Public Land Survey System, the same county.

By proposing a Field as a Benchmark Field, you certify that it is an appropriate Field to compare to an Affected Field (“Benchmark Similarity Requirement”). You may disregard any Field as a possible Benchmark Field if you do not believe it meets the Benchmark Similarity Requirement, but if (1) that Field is located in a group with a higher priority (see paragraph above) than the Benchmark Field selected or (2) disregarding that Field or Fields will mean that you have no fields meeting the Minimum Benchmark Criteria, you must provide a reason to disregard a Field along with supporting documents. If you provide a qualifying reason, the Field will be disregarded. If you provide a non-qualifying reason, your claim for that Field will be subject to the Enhanced Review Process and your explanation will be weighed by the Enhanced Review Panel. The following reasons to disregard a field that otherwise meets the Minimum Benchmark Criteria are qualifying reasons:

1. The Affected Field and Field otherwise meeting the Minimum Benchmark Criteria for such Affected Field do not have the same irrigation status (i.e., one is irrigated and one is non-irrigated) in the Damage Year or in any of the three (3) most recent Non-Damage Years in which both the Affected Field and the Field at issue were planted to soybeans, as reflected in your Form FSA 578 (or similar form or certification, if applicable);
2. The Affected Field is 5 or fewer Planted Soybean Acres as reflected in your Form FSA 578 (or similar form or certification, if applicable), and you explain why the size difference makes the Field otherwise meeting the Minimum Benchmark Criteria inappropriate for purposes of comparing yields;
3. The Affected Field and Field otherwise meeting Minimum Benchmark Criteria were planted twenty-one (21) or more days apart in the Damage Year or in any of the three (3) most recent Non-Damage Years in which both the Affected Field and the Field at issue were planted to soybeans, as reflected in your Form FSA 578 (or similar form or certification, if applicable); or
4. The Affected Field or Field otherwise meeting the Minimum Benchmark Criteria, but not both, suffered yield loss attributed to an Act of God in the Damage Year or in any of the three (3) most recent Non-Damage Years in which both the Affected Field and the Field at issue were planted to soybeans, and the yield in the year of loss was at least 25% less than the APH (Actual Production History) of such Field, as reflected in records of your crop insurer.

If you are claiming one of the above qualifying reasons to excuse you from the requirement of selecting a Benchmark Field, you must provide the appropriate Forms FSA 578 (or similar forms or certification, if applicable) or insurance records to support that reason. If you provide a different reason, you may submit documents supporting that reason.

The same Benchmark Field may be selected for one or more Affected Fields and Damage Year if it meets the Minimum Benchmark Criteria and Benchmark Similarity Requirement. If you are proposing the same Benchmark Field for multiple Affected Fields and/or Damage Years, list the Benchmark Field for each corresponding Affected Field Number and Damage Year.

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You are free to consult an attorney of your choice, at your own expense, to discuss whether to participate and to obtain more information regarding the Settlement’s possible financial or other impact on you. If you are currently represented by an attorney regarding this matter, please consult with your attorney.

Any Claimant who is represented by legal counsel not on the Executive Committee Counsel (ECC) must certify on the Claim Form that the Claimant understands and agrees that twelve percent (12%) of the Claimant’s Settlement Payment, if any, will be withheld and any Enrolling Counsel who is not a member of the ECC must certify and agree on the Enrolling Counsel Declaration that the twelve percent (12%) withheld will reduce, on a dollar-per-dollar basis, the amount of fees otherwise due the Enrolling Counsel under any fee agreement between Enrolling Counsel and the Claimant.

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The Notice that you received indicates the deficiencies with your claim submission and you must correct those deficiencies in order for your claim to proceed. Please correct only the deficiencies noted. You may not submit new Affected Fields or other new claims in response to a Notice of Incomplete Claim Submission.

In the event the Notice indicates that you are missing required forms, you should print, complete and submit those forms to the mailing address or email address provided on the Notice. You can find copies of the forms here.

If your Notice indicates deficiencies with your Claim Form, you should download and print a copy of the Claim Form found here and complete the missing information on this Claim Form. You do not need to submit the entire Claim Form again – just the missing information. Then submit that Claim Form (or relevant pages) to the mailing address or email address provided on the Notice.

If your Notice indicates that you did not provide the required documentation (such as Injury Records, Yield Records or FSA-578s), please submit the documentation to the mailing address or email address provided on the Notice. If you have questions about the documentation, please review FAQ 7.

When replying to the Notice, please include the first page of the Notice along with your response as this will ensure your response is added to your claim as soon as possible. Please keep a copy of all submitted documents and forms for your reference as documents and forms cannot be returned.

If you have questions, please reach out to us at 1-855-914-4672.

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That will depend on the reason for the payment as detailed by your crop insurance company. If you received a payment from your crop insurance company for yield loss attributed to an Act of God and the crop insurance company did NOT identify dicamba symptomology in the records, the Affected Field will be considered an Eligible Field for purposes of calculating a Default Payment but will not be eligible for a Benchmark Payment unless one of the exceptions from Section 7.b.i-iii of the Settlement Agreement applies. If your crop insurance company identified dicamba symptomology on the Affected Field or an exception in Section 7.b.i-iii applies, you must include documentation with your claim showing that the insurance company identified dicamba symptomology or showing an exception under the Settlement Agreement applies. Please see Section 7.b. of the Settlement Agreement for further information. If you received a payment for yield loss on an Affected Field from a third party other than your crop insurance company, that information must be included on the Claim Form. The Affected Field will still be eligible for a Benchmark Payment but will be subject to an offset. Please see Section 14 of the Settlement Agreement for further information.

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No. You can only submit one claim and you are limited to correct the deficiencies in that claim as identified by the Claims Administrator. Please review Sections 2.b.ii-iv, Section 4.a. and Section 11 of the Settlement Agreement for further information. If another claim is submitted by the same person (or entity) and/or additional Affected Fields are submitted, they will be rejected.

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To meet the requirements for a price premium for soybeans grown for seed, organic soybeans, or non-GMO soybeans, Claimants must have been listed on Schedule BB and provided documentation sufficient to establish entitlement to (and reasonably quantify) the price premium. See Section 11.c. of the Settlement Agreement. The Enhanced Review Panel reviewed the documentation for all eligible claims. If you did not receive a price premium, you were not listed in Schedule BB and/or the documentation you provided did not meet the settlement requirements.

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The Claim Amount listed on the Notice of Claim Amount is not final and subject to re-calculation per the Settlement Agreement as well any audits by the Thirty-Party Auditor. The final Settlement Payment may vary from the Claim Amount, and you will be notified of any change.

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We do not have an estimate of when final Settlement Payments will be issued, as there are factors outside the Claims Administrator’s control that will impact the Settlement Payment date, including but not limited to audits and volumes of appeals filed by Claimants, if any. Please be patient and check the website for updates.

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In many instances, the selected Benchmark field did not meet the Minimum Benchmark Criteria set out in the Settlement Agreement. To qualify as a Benchmark Field for an Affected Field in a given Damage Year the selected field must have met the following requirements:

1. the Claimant holds an Interest in the Field;
2. the Field meets the Benchmark Proximity Requirements as to the Affected Field to which it is being compared;
3. the Field is not less than twenty-five Planted Soybean Acres;
4. the Field is not an Affected Field in the Damage Year;
5. the Field has been planted to soybeans in the Damage Year and at least three Non-Damage Years for the Field and Affected Field to which it is being compared

Please see FAQ 11 above for additional information. See also Section 9 of the Settlement Agreement.

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Per Section 14 of the Settlement Agreement, any Field Loss Amount for an Eligible Field must account for any previous recovery by the Enrolled Claimant or Affiliated Claimant from a third party related to that Eligible Field. If there was an offset amount deducted from your Claim Amount, there was evidence in the claim that a payment was received for this Affected Field. If a lump sum payment was received for multiple Affected Fields, the payment was distributed between the relevant fields proportional to the acreage of each field. See FAQ 14 above for further information.

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Per Section 13.e. of the Settlement Agreement, the Soybean Value used in the Field Loss Amount calculation is the average price received for soybeans for the marketing year of the Damage Year in question, in the state in question, as collected by the USDA’s National Agricultural Statistics Service at https://quickstats.nass.usda.gov/ and available for review on the Documents page. Click here to view the data used by the Claims Administrator.

Note that a weighted average was used for 2020 damages pursuant to Section 13.e.i. of the Settlement Agreement. For purposes of determining Preliminary Field Loss Amount for Eligible Fields for the 2020 Damage Year, the average price received for soybeans for the marketing year of the Damage Year in question, in the state in question, is the weighted average price (using the NASS monthly marketing percentages, as used by NASS in calculating a marketing year average) received for soybeans, for the state in question, calculated based on data collected by NASS and published by the USDA for sales beginning in September 2020 through and including March 2021. Click here to view the 2020 weighted average prices.

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Crop Share was based on the producer interest listed in the FSA-578. If an Affiliated Claimant was identified when the claim was filed, and the required Affiliated Claimant Consent Forms were complete and timely, the Claimant’s share was added to the Affiliated Claimants’ share to generate the final Crop Share percentage. It is not possible to add Affiliated Claimants at this stage.

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Affected Field Yield – This column shows the Eligible Field’s yield data for the years where the field was planted to soybeans and the Actual Yield Data was available. The Actual Yield Data was provided either by the Claimant or by the USDA Risk Management Agency.

Comparison Yield – This column contains either the Benchmark Field’s yield data for the years where both the Benchmark Field and Eligible Field were planted to soybeans and the Actual Yields were available; or the County Average yield data for the years the Eligible Field was planted to soybeans.

If the Benchmark methodology was employed in determining the Field Yield Loss, then the comparison yield data is the Benchmark Field’s Actual Yield Data. The Actual Yield Data was provided either by the Claimant or by the USDA Risk Management Agency.

If the County Average methodology was employed in determining the Field Yield Loss, then the comparison yield data is the County Average yield data for the county where the Affected Field is physically located. The County Average yield data was obtained from USDA’s National Agricultural Statistics Service at https://quickstats.nass.usda.gov/ and is available for review on the Documents page. Click here to view the County Average yield data used by the Claims Administrator.

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If you do not agree with the determinations or the calculations on the Notice of Claim Amount, you can submit the Notice of Appeal that was enclosed with your Notice of Claim Amount. The Notice of Appeal must be submitted no later than 30 days after the date of your Notice of Claim Amount. Please complete the Notice of Appeal and follow the directions for submission. Do not include more than one page explaining your appeal.

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On appeal you are limited to a one-page explanation of the reason for your Appeal. No additional documentation can be submitted at this time. If you submit additional documentation, it will be marked as an Ineffective Submission and not considered.

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For more details regarding this Settlement, please review the Settlement Agreement. If you have additional questions, or need assistance filing your Claim Form, contact the Claims Administrator at 1-855-914-4672 (toll-free).

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